Im a overstay ship crewman and married an american citizen . is she can file a petition for me to be legalized?

âˆžinfinitiâˆž

Sorry, but marriage will not change you immigration status.

If you are in the US illegally, you are breaking US law. You would have to go back to your native country and start the application process from there.

Is there any reason why you can't bring you new bride with you?

Sidwell

She can certainly try BUT it will take a few years AND you MAY be deported because the evidence says you married her ONLY to get the green card. That is FRAUD and it is a deportable offence.

verne k

EGAY is not correct in that crewmen are ineligible to adjust status in the US. When you file the I-130 you should indicate the US embassy or consulate where he will apply for the visa. See the I-485
instructions re the inelibility rule at uscis.gov.

vaughn_nebeker

it's a so/so.. INS do's not look at it unless there a 90 day gap. Between
entry legally too marriage.

egay

Yes she can petition for you. I suggest she starts the petitioning process right away. Since she is an American citizen, it will be a quicker process for you to also get your papers and citizenship as compared to her having a permanent residence status.

Since it will be a family petition, and an immediate one at that, there are no quotas. You will be processed right away.

The forms that you will need to download from the USCIS website are the following: I-485 (Application to Register Permanent Residence or Adjust Status), I-130 (Petition for Alien Relative), and I-765 (Application for Employment Authorization).

You will probably be tempted to apply for I-131 which is an advance parole application. It means you will be, once approved, able to leave or travel out of the country if you so desire. The thing is, you are out of status or overstayed hence, your application will not be approved. It means that you will have to wait until you get your green card before you can travel, roughly before a year to a years wait.

I hope your wife files to sponsor you right away so you will be given the peace of mind and your papers can be processed right away. You will not be deported once your papers are in process. You will not also be asked to go back to your country of origin to start the processing of your papers since you are already here and married to a US citizen. The sooner you file, the sooner you can legally work, get a green card and finally get a American Citizenship for yourself.

There is no need to hire a lawyer. Filling out the forms are pretty straight forward, read the instructions carefully. Give all the supporting documents required and there is a checklist to make sure that you have filed everything.

My very best to you and your wife. If you have questions about the process of filing, just log on again and ask away. There are a lot of people who can help you out.

Oh, get your documents ready like birth certificate, marriage certificate, etc.

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